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What Can I Expect from a Personal Injury Claim?

Thomas F. Shebell, III on September 25, 2025

When you have suffered an injury in an accident caused by someone else’s negligence, you may have the legal right to pursue a personal injury claim. Many people, however, are uncertain about what the process involves or what they should expect. Understanding how a personal injury claim works can help reduce stress and prepare you for the future.

A personal injury claim should help you recover compensation for your losses, including medical expenses, lost earnings, property damage, and pain and suffering. The process usually begins with a consultation with an attorney, who will evaluate your case and explain your legal rights. From there, your lawyer will gather evidence, such as accident reports, medical records, and witness statements, to build a strong claim on your behalf.

In most cases, your attorney will negotiate with the at-fault party’s insurance company to reach a fair settlement. If negotiations fail, your case may proceed to court, where a judge or jury will determine liability and damages.

While each case is unique, you can expect your personal injury claim to involve careful documentation, communication with insurers, and the guidance of a skilled attorney working to protect your best interests and maximize your recovery. Call the personal injury lawyers at Shebell & Shebell at (732) 663-1122 to discuss your case.

Key Takeaways About Personal Injury Claims

  • Insurance companies make the personal injury claims process challenging.
  • You can expect a lengthy process containing multiple steps before resolving your case.
  • A trial may not necessarily happen as part of your personal injury case, although that is always your right.
  • You should speak to an experienced personal injury attorney to learn more about what to expect during the legal process. 
Lawyer signing legal documents with gavel and scales of justice on desk

The legal process for personal injury can be lengthy from beginning to end. Each case can vary depending on the accident type and the claim’s complexity, but most follow a general framework.

These are the steps that you can expect in a personal injury claim from beginning to end:

  • Initial Consultation and Case Evaluation: You meet with a personal injury lawyer to discuss what happened, your injuries, and potential legal options. The lawyer assesses whether you have a valid claim and explains your rights.
  • Investigation and Evidence Gathering: Your attorney collects police reports, medical records, witness statements, photographs, and other evidence to build a strong case. They may also consult with accident reconstruction experts or medical specialists.
  • Demand and Negotiation with Insurance Companies: Before filing a lawsuit, your lawyer usually sends a demand letter to the insurance company outlining your injuries, damages, and the compensation you seek. This letter often leads to negotiations aimed at reaching a fair settlement.
  • Filing a Lawsuit (if you cannot reach a settlement): If negotiations fail, your attorney files a formal lawsuit. This process starts the litigation phase, which involves court deadlines and procedures.
  • Discovery Phase: Both sides exchange information through depositions, written questions, and document requests. This stage helps clarify the strengths and weaknesses of each side’s case.
  • Mediation or Settlement Discussions: Courts often encourage settlement before trial. Mediation allows a neutral third party to help both sides negotiate.
  • Trial: The case goes to trial if you cannot reach a settlement. Both sides present evidence, witnesses testify, and a judge or jury decides liability and damages.
  • Post-Trial and Appeals: If either side is dissatisfied, they may appeal. Otherwise, a verdict or settlement will determine the compensation amount.

Most Personal Injury Claims End in a Settlement Along the Way

Although the personal injury legal process includes a potential trial as its capstone, your case will rarely end up in court before a jury. Only somewhere in the neighborhood of 5 percent of personal injury cases will end up at trial. Most cases result in a settlement that you sign with the insurance company. Of course, you always have ability to go to trial if you want because you have legal rights. Usually, a trial is only a last resort if you cannot reach a settlement agreement with the insurance company.

Both you and the insurance company have your own risks that make you more likely to consider settling your case without the need for a trial. From your standpoint, a trial may add considerable time to your case. Further, you may lose your case before a jury and end up with nothing.

Insurance companies also do not want to risk going to court. The court may order them to pay far more than they would have offered in a settlement, and this figure may even include punitive damages. Insurance companies can face a bad-faith lawsuit from their policyholder if they fail to settle a case, and the client is liable for damages.

Insurance Companies Make Personal Injury Claims Difficult

Insurance policy document with pen and glasses on desk for coverage and claims review.

Insurance companies often make the personal injury claims process more difficult than it needs to be. Their primary objective is to protect profits, not ensure injured people receive full compensation. Any dollar insurance companies pay you in a settlement comes from their own account. Adjusters know how to minimize payouts by disputing liability, undervaluing damages, or attempting to shift blame onto the injured party. These tactics can leave victims feeling frustrated and overwhelmed, especially when they are trying to focus on recovery.

One common strategy is downplaying the severity of injuries. Insurance companies may argue that a victim’s injuries are preexisting or not as serious as claimed, even when medical records support them. They may also delay processing claims in hopes that financial stress will push the injured person into accepting a low settlement offer. Insurers sometimes request unnecessary documentation or repeatedly ask for additional evidence to wear claimants down.

Another challenge arises in how insurers calculate damages. They often use formulas or software that will undervalue pain and suffering, emotional distress, or future medical expenses. As a result, the compensation offered rarely reflects the true impact of the injury.

Without legal representation, many victims unknowingly accept these inadequate offers. A personal injury lawyer understands these tactics, can push back against unfair practices, and can negotiate for fair compensation. By holding insurance companies accountable, lawyers ensure they do not take advantage of victims during one of the most stressful times of their lives.

You Have the Best Chances of Success in the Claims Process with a Personal Injury Lawyer

Getting the best results from the personal injury claims process almost always requires the guidance of an experienced lawyer. While insurance companies handle thousands of claims annually and have teams of professionals working to limit payouts, most accident victims are navigating the process for the first time. Making mistakes, like accepting an unfair settlement, can easily cost you thousands of dollars without knowledgeable representation.

A personal injury lawyer levels the playing field by bringing legal experience, negotiation skills, and resources to your case. They start by thoroughly investigating the accident, gathering medical records, witness statements, and expert opinions to build a strong claim. This evidence not only proves liability but also demonstrates the full extent of your damages, including medical expenses, lost income, pain and suffering, and long-term care needs.

Lawyers also know how to handle insurance adjusters. Instead of allowing insurers to minimize your injuries or pressure you into a quick settlement, your lawyer will negotiate from a position of strength. If parties cannot reach a fair settlement, they will take the case to trial, which puts additional pressure on the insurance company to pay what you truly deserve.

Having a lawyer guide you through each step, whether investigation, negotiation, or possible litigation, increases your chances of receiving maximum compensation. With skilled legal representation, you can focus on recovery, knowing that a professional is protecting your rights and that the outcome of your claim reflects the real impact of your injuries.

You Will Not Receive a Bill From a Personal Injury Attorney During the Claims Process

Personal Injury Attorney

One of the biggest concerns people have after an accident is how they will afford a lawyer. The good news is that your lawyer will not bill you during the claims process in most personal injury cases. Personal injury attorneys typically work on a contingency fee basis, which means their payment depends entirely on the outcome of your case. Instead of paying hourly fees or large upfront retainers, your lawyer only gets paid if they recover your compensation through a settlement or verdict.

This arrangement makes legal representation accessible to everyone, regardless of financial situation. It also aligns your lawyer’s interests with your own—your attorney will work to secure the best possible result because their fee is a percentage of the recovery. During the claims process, you will not receive monthly invoices, and you do not need to worry about legal bills piling up while dealing with medical expenses and lost income.

If your case is successful, your lawyer will deduct fees and certain case expenses from the settlement or award. If your case is unsuccessful, you typically owe nothing for legal services. This structure provides peace of mind and lets you focus on healing while your lawyer fights for fair compensation.

How Long Will My Personal Injury Case Take?

Not only are you focused on the amount of money you may receive should your case be successful, but you may also be concerned about how long your case may take. When you have sustained damages in an accident, you obviously need compensation, which you may be due when you can prove fault. However, you will likely not know much about your case’s timing.

Much depends on the insurance company in your case and how it responds to your claim.

Insurance companies sometimes drag out personal injury claims to strengthen their negotiating position and weaken yours. They may delay their response to your claim or make lowball settlement offers to add time to the timeline.

You may want your personal injury claim to take longer because accepting a quick and low settlement offer is not in your interest. You must fight for every dollar you deserve, which takes time. An experienced personal injury attorney knows how to put legal pressure on the insurance company in a way that can make it act more quickly. Insurance companies are more likely to respond to you when they see that an experienced personal injury lawyer represents you.

Personal Injury Claim FAQs

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When should I hire a personal injury attorney?

You should get legal help as soon as possible after you have suffered an injury in the accident. By entrusting your case to a skilled attorney, you increase your chances of obtaining a favorable settlement that covers your medical expenses, lost earnings, and pain and suffering.

How do I win a personal injury case?

You must show that someone else’s actions were responsible for your injury, most likely because they were negligent. Proving negligence requires gathering evidence, such as eyewitness testimonies, accident reports, and medical records. Your attorney will analyze these pieces of evidence to establish a clear link between the defendant’s actions and your injuries.

How long do I have to file a personal injury claim?

You must be keenly aware of the statute of limitations, which dictates how long you must seek financial compensation in your personal injury case. In most states, a statute of limitations determines how long you have to file a claim after an injury occurs. This timeframe can vary depending on the type of injury and the state in which the incident took place.

A Personal Injury Attorney is Standing By

With a lawyer by your side, you can focus on your recovery while they handle the intricate details of your case. Their dedication and commitment to your best interests will serve as a valuable asset in pursuing justice and achieving a successful outcome in your personal injury claim.

Speak to a personal injury attorney at Shebell & Shebell by calling us today at (732) 663-1122.

You must prepare to hold out for all the money you deserve, or else you fail to maximize your case’s value. You are most effective when you work hand-in-hand with a personal injury attorney and let them do their job.

Can I Collect Workers’ Compensation for Hearing Loss?

Thomas F. Shebell, III on September 25, 2025

Work-related hearing loss is a frequent yet often overlooked occupational injury, especially for workers in industries with high noise exposure, such as construction, manufacturing, and aviation. Many people assume that minor hearing changes are just part of aging or daily life, but long-term exposure to loud environments can cause permanent hearing damage. The good news is that workers who develop hearing loss because of their job may be eligible for workers’ compensation benefits.

Workers’ compensation attorneys at Shebell & Shebell Attorneys at Law understand that proving a connection between hearing loss and workplace conditions can be complicated. Please contact our law offices at (732) 663-1122 if you have any follow-up questions about filing a claim for workers’ compensation related to your hearing loss.

Key Takeaways – Workers’ Compensation Claims for Hearing Loss 

  • Work-related hearing loss is common but often overlooked, especially in high-noise industries such as construction, manufacturing, aviation, and entertainment.
  • Early recognition and reporting of symptoms, including difficulty hearing conversations, tinnitus, or trouble understanding speech, are critical for a successful claim.
  • Workers’ compensation provides essential benefits, including medical treatment, temporary or permanent disability payments, vocational rehabilitation, and compensation for permanent hearing loss.
  • Eligibility for hearing loss-related workers’ comp depends on multiple factors, including the duration and intensity of noise exposure, the proper use of hearing protection, workplace noise documentation, and medical evaluations that link hearing loss to occupational exposure.
  • Filing a workers’ compensation claim requires careful documentation, including medical records, workplace exposure logs, and audiometric testing to establish a connection between hearing loss and job duties.
  • Always contact an experienced workers’ compensation attorney to oversee your hearing loss case. 
Factory worker suffering hearing loss from loud machinery noise in industrial workplace.

Work-related hearing loss typically occurs from repeated exposure to high levels of noise in the workplace. Common industries include:

  • Construction
  • Manufacturing and factories
  • Aviation and airport operations
  • Mining
  • Music and entertainment venues
  • Military service

This type of hearing damage often develops gradually, making it harder to detect and link directly to workplace conditions.

Symptoms of Occupational Hearing Loss

Recognizing these early signs of hearing loss is vital for timely intervention and documentation:

  • Difficulty hearing conversations in noisy environments
  • Ringing or buzzing in the ears (tinnitus)
  • Needing to increase the volume on devices
  • Trouble understanding speech, especially high-pitched sounds

Speak to your doctor promptly if you think you have any of these signs of hearing loss.
Workers’ Compensation and Hearing Loss

What is Workers’ Compensation?

Workers’ compensation is a legal system created to protect employees who suffer injuries or develop occupational illnesses because of their work. It ensures that workers receive financial and medical support without having to prove fault or negligence by their employer. This system is important for conditions that develop gradually, such as hearing loss caused by prolonged exposure to high levels of workplace noise.

Benefits of Workers’ Compensation

Workers’ compensation provides a variety of benefits designed to support employees both medically and financially:

  • Medical Treatment: Covers the costs of diagnosis, treatment, and ongoing care related to work-induced hearing loss. This may include visits to audiologists, ENT specialists, and the purchase of hearing aids or assistive devices.
  • Temporary or Permanent Disability Payments: Compensates workers for losing income resulting from temporary or permanent impairment caused by hearing loss, helping maintain financial stability during recovery.
  • Vocational Rehabilitation: Offers support for retraining or adapting to new roles if hearing loss limits the employee’s ability to perform previous job duties.
  • Compensation for Permanent Hearing Loss: Provides financial recognition for permanent reductions in hearing ability, which may affect quality of life and earning potential.

Hearing loss from workplace conditions often develops gradually, making timely reporting and documentation critical. If you seek medical evaluation and notify your employer promptly, you can ensure proper documentation of your claim.

Factors That Can Affect Eligibility

Not every case of hearing loss automatically qualifies for workers’ compensation. Several key factors can influence eligibility and the likelihood of a successful claim.

Length and Intensity of Noise Exposure

The risk of developing work-related hearing loss increases with both the duration and volume of noise exposure. Employees who work in environments with consistently high decibel levels, such as manufacturing plants or construction sites, are more likely to have claims approved if their hearing has been affected.

Availability and Use of Hearing Protection

Employers are typically required to provide protective equipment in noisy environments. Regular use of hearing protection can affect eligibility, as compensation claims often consider whether the employee took reasonable precautions to prevent hearing damage.

Documentation of Noise Levels in the Workplace

Accurate records of noise exposure, including decibel measurements and duration, are critical. These documents are often important evidence that hearing loss is linked to occupational conditions rather than other factors.

Medical Evaluation Linking Hearing Loss to Occupational Exposure

A thorough evaluation by a qualified audiologist or ENT specialist is essential. Medical records must clearly establish a connection between hearing loss and workplace conditions, providing objective evidence to support the workers’ compensation claim.

Follow These Steps to File a Workers’ Compensation Claim for Hearing Loss

Workers’ compensation document with gavel and money rolls symbolizing legal claims and financial benefits for workplace injuries.

Report the Issue Promptly to Your Supervisor 

Notify your employer as soon as you notice hearing difficulties. Delays in reporting can complicate your claim.

Seek Medical Evaluation

A qualified audiologist or ENT specialist should evaluate your hearing. Ensure they document:

  • Degree of hearing loss
  • Possible link to workplace noise exposure
  • Recommendations for treatment or accommodations

Document Workplace Conditions

Keep records of:

  • Job duties and duration of exposure to loud noise
  • Safety protocols and hearing protection provided
  • Previous hearing tests for comparison

File a Workers’ Compensation Claim

Submit your claim to your employer or the state workers’ compensation board. Include medical records and documentation of workplace exposure.

Work With an Experienced Workers’ Compensation Attorney

A workers’ compensation attorney can help gather evidence, manage disputes, and ensure you receive the benefits you’re entitled to. Shebell & Shebell lawyers are experienced in hearing-loss-related workers’ compensation claims and can answer your questions.

Common Challenges in Workers’ Compensation Hearing Loss Claims 

Obtaining workers’ compensation for hearing loss can be complicated. Unlike many workplace injuries, hearing loss often develops gradually over months or years; this can make it challenging to prove that your job directly caused it. Understanding the common obstacles below can help employees take the right steps and work effectively with an experienced workers’ compensation attorney in your community:

Gradual Onset

One of the most significant challenges is the gradual onset of hearing loss. Unlike a sudden injury, hearing loss develops slowly, making it harder to establish a clear connection to workplace exposure. Employers or insurance companies may argue that the hearing loss occurred because of age, lifestyle, or other non-occupational factors. Early reporting of symptoms and consistent medical documentation are critical to overcoming this challenge.

Preexisting Conditions

Many employees may have had prior hearing issues before starting a high-noise job. In these cases, proving that your work worsened your condition requires detailed medical evaluations and historical records. Audiograms showing progressive hearing decline while employed can help establish that the workplace contributed significantly to the damage.

Employer Disputes

Even with proper documentation, employers or insurers may contest claims, questioning the severity or cause of the hearing loss. In such situations, legal intervention can be necessary. Independent medical evaluations, expert testimony, and a skilled attorney’s guidance can help overcome these disputes and strengthen your claim.

Despite these challenges, a strategic approach can lead to successful workers’ compensation claims for hearing loss. With the right medical documentation, timely reporting, and workers’ comp attorney, you can secure the benefits you need for treatment, rehabilitation, and compensation for permanent hearing impairment.

Why Hire a Workers’ Compensation Attorney? 

Filing a workers’ compensation claim for hearing loss can be complicated. Many employees are unsure how to prove their hearing loss is work-related or how to manage the claims process. Hiring an experienced workers’ compensation attorney can make a significant monetary difference in the outcome of your case.

Skill and Experience in Workers’ Compensation Law

A knowledgeable attorney understands the specific requirements for workers’ compensation claims in your state. The attorney knows what evidence you need to prove your occupational hearing loss, including medical documentation, audiograms, and workplace noise exposure records. This skill and knowledge ensure your claim is properly prepared and submitted, thus reducing the risk of delays or denials.

Accurate Medical Documentation

Hearing loss claims often require detailed medical records and expert evaluations. A workers’ compensation attorney at Shebell & Shebell can guide you to qualified audiologists and ENT specialists who can provide precise assessments of your condition. They also ensure your medical evidence clearly shows the link between your hearing loss and workplace conditions.

Negotiation with Insurance Companies

Insurance adjusters may attempt to minimize or deny your claim. An attorney advocates on your behalf, negotiating for fair compensation for medical treatment, hearing aids, tinnitus management, and any permanent hearing impairment. They understand common tactics insurers use and can effectively counter arguments to protect your rights.

Assistance with Appeals

If the state denies your claim, the appeals process can be complex and overwhelming. A workers’ compensation attorney guides you through hearings, paperwork, and legal deadlines, increasing your chances of a successful appeal. Their experience can help you avoid costly mistakes and strengthen your case at every stage.

Peace of Mind and Support

Filing a claim for work-related hearing loss can be a stressful process. Having a dedicated workers’ comp attorney provides peace of mind, knowing that your case is in the hands of someone who knows the law. You can focus on your health while your attorney handles communication with insurers, documentation, and legal strategy.

Common Mistakes in Workers’ Compensation Hearing Loss Claims

Worker’s compensation claim form with pen and file folders for workplace injury benefits application.

You may be eligible for compensation, but the following workers’ comp claim errors can damage your claim:

  • Delayed Reporting of Symptoms: Waiting too long to report hearing issues can jeopardize your claim. Prompt notification to your employer is essential.
  • Insufficient Medical Documentation: Failing to get thorough evaluations from audiologists or ENT specialists makes it more difficult to prove a connection to workplace noise.
  • Ignoring Workplace Noise Records: Failing to keep logs of exposure, decibel levels, or safety protocol compliance can weaken your case.
  • Failure to Use Hearing Protection Properly: Claims may be challenged if employees do not consistently use the hearing protection provided by the employer.
  • Assuming Preexisting Conditions Disqualify You: Without proper documentation showing aggravation, insurers may dispute claims for preexisting hearing loss.
  • Incomplete Claim Filing – Missing forms, documentation, or deadlines can delay or deny benefits.
  • Not Hiring an Experienced Attorney: Handling disputes, insurance negotiations, or appeals without legal guidance can result in reduced compensation or a prolonged process.

Common questions about work-related hearing loss and workers’ comp are:

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Are there time limits for filing a hearing loss claim?

Yes, there are statutory deadlines for reporting work-related injuries or illnesses. Failure to report within the specified time frame may jeopardize your eligibility for benefits. It’s vital to report symptoms promptly and seek medical evaluation.

Can pre-existing hearing conditions affect my claim?

Pre-existing hearing loss doesn’t automatically disqualify you. However, you must demonstrate that your current condition has been aggravated by workplace noise exposure.

Is hearing loss considered a permanent disability?

Yes, noise-induced hearing loss is usually permanent and irreversible. Once hearing damage occurs, it cannot be undone, emphasizing the importance of preventive measures and early intervention.

How is compensation for hearing loss determined?

Compensation is typically based on:

  • The degree of hearing impairment is often assessed through audiometric testing.
  • The impact of hearing loss on your ability to perform job duties.
  • Your pre-injury average weekly income.

Contact a Workers’ Compensation Attorney Today 

Work-related hearing loss can have a devastating impact on your life, affecting your communication, career, and overall well-being. If you’ve experienced hearing loss due to your job, it’s essential to act promptly and protect your rights. Shebell & Shebell has experienced workers’ compensation attorneys who can help you with the complicated claims process, and we empathize with your situation. You can speak to a Can I Collect Workers’ Compensation for Hearing Loss?

Work-related hearing loss is a frequent yet often overlooked occupational injury, especially for workers in industries with high noise exposure, such as construction, manufacturing, and aviation. Many people assume that minor hearing changes are just part of aging or daily life, but long-term exposure to loud environments can cause permanent hearing damage. The good news is that workers who develop hearing loss because of their job may be eligible for workers’ compensation benefits.

Workers’ compensation attorneys at Shebell & Shebell Attorneys at Law understand that proving a connection between hearing loss and workplace conditions can be complicated. Please contact our law offices at (732) 663-1122 if you have any follow-up questions about filing a claim for workers’ compensation related to your hearing loss.